Committee debates limits on Fish and Wildlife's ability to require access licenses

The Ways and Means Committee discussed language in a miscellaneous bill that would prevent the Department of Fish and Wildlife commissioner from adopting a rule requiring individuals to possess a license or permit for general recreational access to department-owned lands.

Mr. McGrady, of the Legislative Council, explained that fee authority is traditionally exercised by the General Assembly under the fee chapter in Title 32 and that agencies normally submit proposed fee schedules every three years. He said some agencies have independent fee authority (for example, state parks) and that Fish and Wildlife's current rule includes a broad license range, "up to $12,000 for a license." Mr. McGrady told the committee the commissioner had appeared before Ways and Means asserting authority to adopt a rule requiring a license for anyone accessing Fish and Wildlife lands, which prompted concern from members and constituents.

The concern, as discussed by committee members, centered on the practical and equitable implications of such a rule. Mr. McGrady described constituent emails and testimony expressing anxiety that the department's proposed rule could require a license for bird-watching or for taking a walk on department trails. Members questioned how enforcement would work at smaller access points such as Shelburne Pond and Jericho, whether attendants would be present to check licenses, and how family cabins or visiting relatives would be treated.

Committee members noted distinctions in existing requirements: certain activities (hunting, motorboat use, ice fishing) require specific licenses or registrations, while non-motorized vessel use (kayaks, canoes, paddleboards) historically has not required an access license. Members also discussed Fish and Wildlife's shifting revenue picture, saying traditional license-and-excise-tax revenues have declined while general fund allocations have risen, creating pressure to identify additional use-based revenue.

To address immediate concerns, the committee agreed to leave the department's existing rule in place through the current fiscal year and to require the department to present its proposed fee schedule in January; the General Assembly would then exercise its authority to set fees. The staff-proposed statutory language discussed during the meeting would preserve the department's statutory authority to set fees generally but add a provision explicitly prohibiting the commissioner from adopting by rule a requirement that an individual possess a license for general recreational access to department lands.

Members signaled a preference for the House's version of the language, which several said narrows the immediate problem and commits a fuller conversation next year. No formal floor vote on the language was recorded in the transcript; the committee chair said the panel plans to vote out other bills (a miscellaneous tax and a yield bill) at a subsequent meeting.

Next steps: the department is expected to submit its proposed fee schedule in January, after which the General Assembly would consider fee-setting authority and any statutory changes. The committee did not adopt a commissioner-specific rule at this meeting and directed further legislative consideration.